Barnes v. Allred

Filing 42

ORDER Plaintiffs Objections are OVERRULED and the Court hereby ADOPTS 39 Report and Recommendations of the United States Magistrate Judge; granting 31 Motion for Summary Judgment and that the Complaint be DISMISSED WITHOUTPREJUDICE. by Judge Christine M. Arguello on 10/6/2011.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 11-cv-00575-CMA-BNB
HERMAN BARNES, JR.,
Plaintiff,
v.
ALLRED,
Defendant.

ORDER ADOPTING AND AFFIRMING SEPTEMBER 26, 2011 RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

This case was referred to United States Magistrate Judge Boyd N. Boland
pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72. On September 26, 2011, the
Magistrate Judge issued a Recommendation (Doc. # 39) concerning Defendant’s
Motion for Summary Judgment. The Magistrate Judge recommended that Defendant’s
Motion (Doc. # 31) be granted and this civil action be dismissed without prejudice.
On October 5, 2011, Plaintiff, proceeding pro se, filed timely objections to the
Recommendation. (Doc. # 41.)
The Magistrate Judge recommended that the Complaint should be dismissed
because Plaintiff failed to exhaust his administrative remedies as required by the Prison
Litigation Reform Act (“PLRA”). The PLRA requires prisoners to exhaust all available
administrative remedies prior to filing a lawsuit challenging prison conditions. See 42

U.S.C. § 1997e(a). The Tenth Circuit has held that “a grievance satisfies the
§ 1997e(a)’s exhaustion requirement so long as it provides prison officials with enough
information to investigate and address the inmate’s complaint internally.” Kikumura
v. Osagie, 461 F.3d 1269, 1285 (10th Cir. 2006) (overruled on other grounds).
This Court has conducted a de novo review of this matter, including carefully
reviewing all relevant pleadings, the Report and Recommendation, and Plaintiff’s
Objections to the Report and Recommendation. Based on this review, the Court agrees
with the Magistrate Judge that the administrative grievances filed by Plaintiff were not
sufficient to put prison officials on notice that Defendant wrongfully denied him a liver
biopsy and hepatitis treatment, as alleged in Plaintiff’s Complaint. In his objections,
Plaintiff simply notes that he filed administrative grievances but fails to explain how
the grievances put prison officials on notice. Therefore, Plaintiff’s Objections are
OVERRULED and the Court hereby ADOPTS the Report of the United States Magistrate
Judge as the findings and conclusions of this Court.
Accordingly, it is ORDERED that Defendant’s Motion for Summary Judgment
(Doc. # 31) be GRANTED and that the Complaint be DISMISSED WITHOUT
PREJUDICE.
DATED: October 06 , 2011
BY THE COURT:

______________________________
CHRISTINE M. ARGUELLO
United States District Judge
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